Saturday, December 5, 2015

Being Ordinary Saves Apple from Wiretapping Charge

CA - A federal judge Monday found no evidence that Apple's failure to deliver text messages sent via iMessage to non-iPhone users amounts to wiretapping.

U.S. District Judge Lucy Koh... wrote. "Defendant does not 'intercept' the message within the meaning of the Wiretap Act by erroneously classifying the message as an iMessage."

Koh agreed with Apple that its server falls under the Wiretap Act's "ordinary course of business" exception, saying the evidence, redacted and undisputed by both sides, showed that the iMessage server never operated outside its ordinary functions. A device acting within the ordinary course of business, Koh wrote, cannot form the basis of a Wiretap Act claim. She granted Apple's motion for summary judgment.  more